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Fitzhenry-Russell et al. v. Keurig Dr. Pepper Inc.

In several original lawsuits, the Plaintiffs alleged Canada Dry Ginger Ale was mislabeled with the words “Made from Real Ginger,” arguing the claim values the products at a higher cost when the products only contain less than two parts per million of ginger flavor extract and other flavors. The settlement was approved in the Circuit Court of the City of St. Louis Missouri.

Members of the certified class were permitted to submit a claim for a per product unit refund, with a maximum of 100 product units per household or up to 100 product units with proof of purchase. Class members without a proof of purchase were eligible for a smaller amount per household.

Heffler Claims Group’s Role

Heffler Claims Group (Heffler) was selected as the notice and settlement administrator and completed notice in February 2019 with further digital claims stimulation ending in March 2019.

Heffler’s in-house media team developed a highly targeted notice program through extensive research that included advertising across multiple channels As a result, the plan exceeded average reach to the class while mitigating potential ad fraud and utilizing website analytics to inform further claim stimulation.

Heffler’s responsibilities included:

  • Analyzing the potential class member contact list (class list) from defense counsel
  • Creating a website with online claim form filing capabilities
  • Establishing a toll-free number with interactive voice response (IVR) capabilities
  • Establishing a PO Box
  • Receiving and processing mail
  • Analyzing and correcting undeliverable mail when relevant
  • Receiving and processing opt-outs and objections

The Result

Heffler’s successful notice program utilized multiple print and digital channels, including leveraging the audiences of social media influencers. Heffler’s in-house media team executed an extensive notice program that covered 50 states, delivering an estimated 78% reach across 49 states and 75% reach to California class members.

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